Action brought on 5 August 2011 - Laboratoire Bioderma v OHIM - Cabinet Continental (BIODERMA)

(Case T-427/11)

Language in which the application was lodged: French

Parties

Applicant: Laboratoire Bioderma (Lyons, France) (represented by: A. Teston, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Cabinet Continental (Paris, France)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Board of Appeal of OHIM of 28 February 2011;

Reject the application for a declaration of invalidity of the registered trade mark made by Cabinet Continental;

Order OHIM and/or the applicant for a declaration of invalidity to pay the costs incurred by the applicant in the present action;

Order the applicant for a declaration of invalidity to pay the costs incurred by the applicant in the proceedings before the Cancellation Division and the Board of Appeal.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark 'BIODERMA' for goods and services in Classes 3, 5 and 44 - Community trade mark No 3 136 892.

Proprietor of the Community trade mark: Laboratoire Bioderma.

Applicant for the declaration of invalidity of the Community trade mark: Cabinet Continental.

Grounds for the application for a declaration of invalidity: The application for a declaration of invalidity was made on the basis of Article 52(1)(a) and Article 7(1)(b), (c) and (d) of Regulation No 207/2009.

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.

Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration that Community trade mark No 3 136 892 is invalid.

Pleas in law: Infringement of Articles 7(1)(b) and (c) and 75 of Regulation No 207/2009 in so far as the contested decision is incorrect as regards inter alia the meaning of the mark concerned in Greek and the perception of that mark by the Greek public.

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